2002 -- S 2541

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LC01691

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

STANDARDS AND TRAINING

     Introduced By: Senators J Cicilline, and Damiani

     Date Introduced: February 05, 2002

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-28-25, 42-28-26, 42-28-27, 42-28-28, 42-28-29, 42-28-30 and

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42-28-31 of the General Laws in Chapter 42-28 entitled "State Police" are hereby repealed.

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

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Island state police there is hereby created and established a state and municipal police training

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school.

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      The superintendent of the state police shall have supervision of the state and municipal

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

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

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

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consultation with the police chiefs association and the chairperson of the Rhode Island

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commission on standards and training make all necessary rules and regulations relative to the

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admission, education, physical standards and personal character of the trainees and such other

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rules and regulations as shall not be inconsistent with law.

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

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fee in the amount of twenty-five dollars ($25.00), provided, however, the superintendent may

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

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

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

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uniforms which remain the personal property of the trainees.

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      All fees and payments received by the division pursuant to this section shall be deposited

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as general revenues.

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     42-28-26. Location of school. -- The municipal police training school shall be

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maintained by the state and located on the premises of the university of Rhode Island and such

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other state-owned property as the superintendent of the state police, with the consent of the

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governor, may from time to time determine.

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     42-28-27. Supervision of school. -- The superintendent of the state police shall have

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supervision of the municipal police training school and shall establish a course of training and

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make all necessary rules and regulations relative to the education, physical standards, and

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personal character of the candidates and trainees and such other regulations as shall not be

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inconsistent with law.

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     42-28-28. Persons admissible to school. -- No person shall be admitted as a candidate to

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the municipal police training school unless he or she is a citizen of the United States and a

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resident of the state of Rhode Island and shall have reached the age of eighteen (18) years; nor

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shall any person be admitted who shall not have first been certified by a physician as being

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physically and mentally sound on an examination made within one month prior to the acceptance

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of his or her candidacy.

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     42-28-29. Sponsorship of school candidates by city or town. -- Candidates meeting the

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physical, mental, and educational requirements of this chapter shall be admitted to the municipal

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police training school only upon the request of the appointing authority in the city or town of

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which the prospective candidate is a resident, and every such application by the appointing

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authority shall be accompanied by a statement that the candidate has prospects, within the

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reasonable future, of a permanent appointment to the police force of the city or town sponsoring

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him or her; provided, however, that any member of any police department of any city or town

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accepting the provisions of sections 42-28-25 -- 42-28-31, inclusive, shall be eligible for training

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and retraining in the school.

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     42-28-30. Certificate of completion of training course. -- Upon the satisfactory

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completion of the prescribed course of training, the superintendent shall issue to each candidate a

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

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qualifications for appointment.

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     42-28-31. Expenses of school -- Compensation of candidates. -- No tuition fee or any

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other charge shall be assessed against any city or town for the training of any candidate and the

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expense of that training shall be borne by the state of Rhode Island. The general assembly shall

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annually appropriate such sum or sums as may be necessary for the proper maintenance of the

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municipal police training school; provided, however, that any compensation to any candidate

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during the period of his or her training shall be fixed and determined by the proper authority

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within the city or town sponsoring the candidate and such compensation, if any, shall be paid

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directly to the candidate by the city or town of which he or she is a resident.

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     SECTION 2. Sections 42-28.2-1, 42-28.2-2, 42-28.2-3, 42-28.2-4, 42-28.2-5, 42-28.2-6,

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42-28.2-7, 42-28.2-8, 42-28.2-8.1, 42-28.2-8.2, 42-28.2-9, 42-28.2-10, 42-28.2-11 and 42-28.2-12

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of the General Laws in Chapter 42-28.2 entitled "Police Officers - Commission on Standards and

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Training" are hereby repealed.

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     42-28.2-1. Legislative declaration of intent. -- The legislature hereby finds and declares

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that police work, a basic adjunct of law enforcement, is professional in nature, requiring proper

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educational and clinical training in a state as densely populated as Rhode Island; that in our free

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society, better law enforcement can be achieved through higher standards of efficiency in police

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work than in retributive measures against those who commit crime; that the protection of the

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health, safety, and welfare of our citizens, can best be met by the creation of an educational

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training and recruitment program for persons who seek careers as police officers in order that

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such persons while serving in a probationary capacity prior to permanent appointment will

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receive training at approved recruit and in-service training facilities; and that, by qualifying and

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becoming proficient in the field of law enforcement, those persons will individually and

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collectively better insure the health, safety, and welfare of the citizens of this state in their

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respective communities.

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     42-28.2-2. School established. -- There is hereby created and established a municipal

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police training school, for the use of all municipal police departments except the Providence

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police department, for the use of the division of enforcement of the department of environmental

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management, for the use of the Rhode Island deputy marshals within the department of

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corrections and for the use of the board of governors for higher education, which shall be

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maintained by the state and located at the Rhode Island state police academy in Foster, Rhode

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Island. The school may utilize other state property for special courses of instruction when deemed

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

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     42-28.2-3. Commission established -- Appointment and terms. -- The governor shall

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appoint five (5) persons to the commission on standards and training, two (2) of whom shall serve

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a term expiring January 31, 1970, two (2) of whom shall serve a term expiring January 31, 1971,

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and one of whom shall serve a term expiring January 31, 1972, and until their respective

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successors shall be appointed and qualified in the month of January, 1970 and in January annually

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thereafter the governor shall appoint members to the commission to serve a term of three (3)

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years commencing the first day of February next following their respective appointment(s) and

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until their respective successors shall be appointed and qualified to succeed the person or persons

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whose term next expires. At least one person serving on the commission shall be appointed from

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a list of five (5) names submitted to the governor by the Rhode Island league of cities and towns

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and at least three (3) persons serving on the commission shall be chiefs of local police

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departments. Members of the commission shall be eligible for reappointment.

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     42-28.2-4. Selection of chairperson and vice-chairperson -- Quorum -- Summon of

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first meeting. -- The governor, upon the appointment of the members of the commission on

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standards and training, shall select from the appointed members a chairperson and vice-

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chairperson who shall serve at his or her pleasure. Three (3) members of the commission shall

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constitute a quorum. The governor shall summon the commission to its first meeting.

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     42-28.2-5. Compensation and expenses of members. -- Members of the commission on

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standards and training shall receive no compensation, but shall be reimbursed for their actual and

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necessary expenses incurred in the performance of their duties. No member of the commission

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shall lose any pay or other benefits by reason of attendance at meetings of the commission.

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     42-28.2-6. Meetings -- Powers of commission. -- The commission on standards and

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training shall meet at least four (4) times in each year and shall hold special meetings when called

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by the chairperson or, in his or her absence, by the vice-chairperson. The commission shall have

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the control and supervision of the Rhode Island state police academy in Foster, Rhode Island, to

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the extent necessary to effectuate the purpose of this chapter; provided that control shall not

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interfere with the use of the academy to the state police. The commission may certify the training

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school of any municipality as it determines that the school has facilities and a program of training

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substantially comparable to those of the municipal police training school established by section

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42-28.2-2. The chairperson with the approval of a majority of the members of the commission

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shall appoint such permanent and temporary staff as are necessary to carry out the purpose of this

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chapter.

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     42-28.2-7. Reports. -- The commission on standards and training shall make an annual

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report to the governor which will include pertinent data regarding the standards established and

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the degree of participation of municipalities in the training programs.

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     42-28.2-8. Establishment of standards. -- The commission on standards and training

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shall prepare and publish mandatory training standards, not applicable to the city of Providence,

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and to be promulgated with due consideration to varying factors and special requirements of local

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police agencies, the division of enforcement of the department of environmental management and

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the board of regents relative to:

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

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

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

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municipality.

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      (b) The commission with the approval of the governor will establish the courses of

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

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character of candidates and trainees.

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

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required at the municipal police training school, or other approved training schools certified

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pursuant to section 42-28.2-6.

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

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other approved training schools certified pursuant to section 42-28.2-6.

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      (e) Minimum basic training requirements which police officers appointed to

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probationary terms shall complete before being eligible for continued or permanent employment,

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and the term within which that basic training must be completed following such appointment to a

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probationary term.

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

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

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eligible for continued employment.

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

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

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

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

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their own training programs.

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

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shall be a minimum of one session per year.

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      (j) 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

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established for police training schools.

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     42-28.2-8.1. Educational requirements -- Hate crimes. -- The commission on standards

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and training shall prepare and publish mandatory training standards to provide instruction for

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police officers in identifying, responding to and reporting all incidents of "hate crimes" pursuant

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to section 42-28-46. The commission shall include this training in all curricula for recruits and in-

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service trainees, in all police academies operated or certified by the commission.

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     42-28.2-8.2. Educational requirements -- Gang related activity. -- The commission on

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standards and training shall prepare and publish mandatory training standards to provide

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instructions for police officers in identifying, responding to and reporting all incidents of criminal

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gang activity as defined in section11-61-3. The commission shall include the training in all

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curricula for recruits and in-service trainees, in all police academies operating or certified by the

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commission.

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     42-28.2-9. Agreements. -- The commission on standards and training may enter into

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agreements with other agencies, colleges, and universities to carry out the intent of this chapter.

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     42-28.2-10. Discretionary powers of commission. -- The commission on standards and

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training may:

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

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procedures, for which application for approval has been made.

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

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

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study.

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

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

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officers of this state, its cities or towns.

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      (d) Adopt such regulations as are necessary to carry out the purpose of this chapter.

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      (e) Make recommendations to the governor on matters pertaining to qualification and

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training of police officers.

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

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

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municipality operating the facility.

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     42-28.2-11. Services of personnel in office of attorney general. -- The attorney general

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shall, so far as compatible with other demands upon the personnel in his or her department, make

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available to the commission on standards and training the services of personnel to assist the

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commission in the execution of the duties imposed upon it by this chapter.

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     42-28.2-12. Expenditure of funds. -- In exercising its functions, the commission on

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standards and training shall endeavor to minimize costs of administration, so that the greatest

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possible proportion of the funds available to it shall be expended for the purposes of providing

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training for local law enforcement officers.

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     SECTION 3. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 28.2.1

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LAW ENFORCEMENT STANDARDS AND TRAINING

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     42-28.2.1-1. Short title. -- This chapter shall be known and may be cited as the "Law

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Enforcement Standards and Training Act."

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     42-28.2.1-2. Definitions. -- As used in this chapter:

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     (1) "Law enforcement officer" means any person who is elected, appointed, or employed

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full-time by any municipality, or the state, or any political subdivision thereof; who is vested with

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the authority to bear arms and/or to make arrests; or who is primarily responsible for prevention

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or detection of crime and the enforcement of the criminal code, ordinances, traffic, or highway

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laws of this state or any political subdivision of the state. The phrase includes, but is not limited

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to, the airport police, capitol police, division of law enforcement of the department of

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environment, Rhode Island deputy marshals within the department of corrections, sheriffs of

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Rhode Island counties, campus police, the criminal investigation unit of the department of

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environment and the state fire marshal investigation unit and any other person included within the

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meaning of the term "peace officer" as defined by section 12-7-21(1) through (18).

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     (2) "Employing agency" means the state, or any of its political subdivisions, and includes

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police and security departments of private as well as public schools, colleges and universities

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chartered by the state of Rhode Island.

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     (3) "Diverse population" means members of cultural groups with common origins,

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customs, and styles of living. This definition includes ethnic, racial, and religious minorities.

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     (4) "IADLEST" means the International Association of Directors of Law Enforcement

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Standards and Training.

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     (5) "POST" means Peace Officers Standards and Training as defined by The President's

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Commission on Law Enforcement and the Administration of Justice (1967) and the National

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Advisory Commission on Criminal Justice Standards and Goals (1973).

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     (6) "Commission" means the commission on law enforcement standards and training

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established by this act.

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     42-28.2.1-3. Legislative findings and purpose. -- The general assembly recognizes and

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declares that law enforcement is professional in nature and requires proper educational, clinical

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and tactical training. The best methods for modern policing necessitate "peace officer standards

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and training" (POST) programs, or similar programs, that certify law enforcement officers and

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other persons employed in the criminal justice system meet minimum standards of qualification,

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competency and ethical behavior. It is the intent of the general assembly to strengthen and

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upgrade law enforcement agencies in this state by attracting competent, highly qualified people

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for professional careers in criminal justice and to retain well-qualified and experienced officers

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for the purpose of providing maximum protection and safety to all persons.

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     The general assembly hereby finds that protection of the health, safety and welfare of our

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citizens can best be met by the creation of comprehensive recruit and in-service criminal justice

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training and educational programs for law enforcement officers administered at approved training

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facilities. Comprehensive criminal justice training and educational programs in this state for all

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persons having authority to make arrests for violations of law should meet or exceed model

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minimum state standards established by the International Association of Directors of Law

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Enforcement Standards and Training (IADLEST), or a similar model.

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     The mission and purpose of the commission on law enforcement standards and training

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shall be to establish, administer and enforce minimum law enforcement officer selection,

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recruitment, recruit training, in-service training, training instructor (including field training

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officers) and professional conduct standards for all law enforcement officers and agencies in this

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state. It is the intent of the general assembly that the commission, in the execution of its powers,

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duties, and functions, actively provide statewide leadership in the establishment, implementation,

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and evaluation of minimum standards and training for all law enforcement officers in this state.

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     Nothing herein however may be construed to preclude an employing agency from

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establishing qualifications and standards for employment, appointment, training, or promotion of

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officers that exceed the minimum requirements established by statute or the commission.

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Qualifications of an employing agency that exceed the minimum employment standards, basic

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recruit training course, or in-service training requirements established by the commission are

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binding on the individuals affected and shall be recognized by the commission.

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     42-28.2.1-4. Commission created -- Composition. -- There is hereby created within the

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executive branch, the commission on law enforcement standards and training, hereinafter called

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"the commission," which shall be under the jurisdiction of the governor. The commission shall be

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the sole and exclusive POST ("Peace Officer Standards and Training") organization for this state.

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     (1) The commission shall consist of:

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     (i) the superintendent of the state police;

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     (ii) the chief of police of the Providence police department;

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     (iii) one (1) police chief (from a municipality other than Providence) appointed to a term

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of three (3) years by the governor from a list of three (3) names submitted by the Rhode Island

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police chiefs' association;

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     (iv) one (1) person appointed to a term of three (3) years by the governor from a list of

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three (3) names submitted by the Rhode Island league of cities and towns;

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     (v) one (1) citizen from a civic, interfaith and/or community service organization

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appointed to a term of three (3) years by the governor.

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     (2) The superintendent of state police and chief of police of the Providence police

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department are ex-officio members with full voting rights and privileges, and may send, in his or

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her place, a designated representative to a meeting and/or meetings. If the designation is made in

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writing, the representative shall have full voting privileges.

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     (3) The citizen member shall serve an initial term expiring January 31, 2004, the

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representative of the Rhode Island league of cities and towns shall serve an initial term expiring

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January 31, 2005, and the police chief appointed by the governor from the list submitted by the

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Rhode Island police chiefs' association shall serve an initial term expiring January 31, 2006, and

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until their respective successors shall be appointed and qualified in January, 2004, and in January

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annually thereafter the governor shall appoint members of the commission to serve a term of

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three (3) years commencing on the first day of February next following their respective

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appointment(s) and until their respective successors shall be appointed and qualified to succeed

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the person or persons whose term next expires.

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     (4) The representative of the Rhode Island league of cities and towns, police chief, and

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citizen members of the commission appointed by the governor shall serve at the pleasure of the

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governor and be eligible for reappointment. In the event a vacancy arises it must be filled within

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thirty (30) days for the remainder of the term in the manner of the original appointment or

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designation.

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     42-28.2.1-5. Powers and duties of commission. -- The commission is hereby authorized

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to:

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     (1) establish standards for qualification of law enforcement officers and courses for

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recruit and in-service training;

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     (2) establish and enforce standards for the assessment and certification of recruit,

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probationary and permanent law enforcement officers;

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     (3) establish and enforce standards for the qualification and training of reserve or

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auxiliary officers;

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     (4) establish and approve standards for field training officer programs and certify field

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training officers;

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     (5) train and certify qualified applicants and recruits for appointment and/or employment

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and continuing service as law enforcement officers, and provide for the suspension, revocation, or

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restriction of the certification, in accordance with regulations promulgated by the commission;

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     (6) require all public entities or agencies that employ or appoint law enforcement officers

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to provide records in the format prescribed by regulation of employment information of law

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enforcement officers;

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     (7) provide by regulation for mandatory continued training of certified law enforcement

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officers as a matter of qualification for continuing service rather than a matter of employing

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agency discipline;

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     (8) consult and cooperate with counties, municipalities, agencies, or official bodies of this

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state or of other states, other governmental agencies, and with universities, colleges, junior

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colleges, and other institutions, concerning the development of law enforcement officer training

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programs, or courses of instruction, selection, and training standards, or other pertinent matters

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relating to law enforcement;

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     (9) accept any donations, contributions, funds, grants, or gifts from private individuals,

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foundations, agencies, corporations, or the state and federal governments, for the purpose of

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carrying out the mission and objectives of this chapter;

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     (10) publish or cause to be published manuals, information bulletins, newsletters, and

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other materials to achieve the mission and purpose of this chapter;

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     (11) make such regulations as may be necessary for the administration of this chapter,

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including the issuance of orders directing public law enforcement agencies to comply with this

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chapter and all regulations promulgated thereunder;

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     (12) exercise all powers and perform all duties necessary and proper in carrying out this

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chapter.

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     42-28.2.1-6. Executive director. -- (a) The governor shall appoint the executive director

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from a list of three (3) candidates submitted by the commission. The executive director shall be

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qualified for the position by appropriate training and experience in the fields of administration,

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planning, or criminal law and justice. The unclassified pay plan board shall set the salary of the

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executive director and staff, consistent with any compensation and pay plan established by the

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state personnel office.

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     (b) The executive director shall:

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     (1) supervise and be responsible for the administration of standards and courses of

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training established by the commission;

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     (2) advise and assist the commission in developing standards, policies, training programs

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and budgets for improving the coordination, administration and effectiveness of law enforcement

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officer standards and training in the state;

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     (3) supervise and be responsible for the administration of officer-candidate assessment,

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recruit and continuing in-service certification and recertification;

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     (4) establish, consolidate, or abolish any administrative division and subdivision as

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directed by the commission, and appoint and remove for cause the heads thereof, and delegate

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appropriate powers and duties to them;

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     (5) establish and administer projects and programs for the operation of the commission;

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     (6) appoint and remove employees of the commission and delegate appropriate powers

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and duties to them;

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     (7) make rules and regulations for the management and the administration of the

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standards and policies of the commission and the conduct of employees under his or her

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jurisdiction;

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     (8) collect, develop, and maintain statistical information, records, and reports as the

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commission may determine relevant to its mission, purpose and function;

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     (9) prepare and transmit reports of the commission to the governor and general assembly;

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     (10) execute and carry out the provisions of all contracts, leases, and agreements

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authorized by the commission with agencies of federal, state, or local government, corporations

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or persons;

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     (11) perform such additional duties as may be assigned to him or her by the governor, the

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commission, or bylaw; and

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     (12) exercise all powers and perform all duties necessary and proper in carrying out his or

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her responsibilities.

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     42-28.2.1-7. Associate directors for recruit training, in-service training, and

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assessment of certification. -- The executive director, with the advice and consent of the

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commission, shall appoint three (3) associate directors for recruit training, in-service training, and

11-23

for assessment and certification. Appropriate training and experience in the fields of

11-24

administration, planning, or criminal law and justice shall qualify the associate directors. The

11-25

associate director for recruit training shall assist the executive director in supervising and

11-26

coordinating standards of recruit training, instruction and courses established by the commission.

11-27

The associate director for in-service training shall assist the executive director in coordinating and

11-28

approving standards for in-service training, instruction and courses established by the

11-29

commission. The associate director for assessment and certification shall assist the executive

11-30

director in the administration of officer-candidate assessment, recruit and continuing in-service

11-31

certification, recertification, and decertification. The associate directors may perform such other

11-32

duties and functions as assigned by the executive director and the commission.

11-33

     42-28.2.1-8. Recruit and in-service training divisions. -- The commission shall

11-34

establish such recruit and in-service training divisions as it deems necessary to accommodate

12-1

diverse needs and interests in training of the state police, the Providence police, other state and

12-2

municipal law enforcement agencies, or federally funded programs for the training of law

12-3

enforcement officers. The superintendent of the state police shall appoint the director of the state

12-4

police training division. The chief of police of the Providence police department shall appoint the

12-5

director of the Providence police training division. The police chief appointed to the commission

12-6

by the governor from a list of names submitted by the Rhode Island chiefs of police shall appoint

12-7

the director of the municipal police training division. The governor shall appoint the director and

12-8

designate a lead agency for any training division established to facilitate a state-administered

12-9

federal law enforcement training and education program such as the police corps, or similar

12-10

program, funded by the United States department of justice. Training division directors shall

12-11

serve at the pleasure of their appointing authority.

12-12

     42-28.2.1-9. Staff. -- Employees of the commission, other than the executive director,

12-13

shall be subject to the provisions of the state merit system act as set forth in chapters 3 and 4 of

12-14

title 36, as amended, and any further provisions of that act that are enacted by the general

12-15

assembly.

12-16

     42-28.2.1-10. Chairperson and vice-chairperson -- Quorum -- Meetings. -- The

12-17

chairperson and vice-chairperson of the commission shall be appointed by the governor and shall

12-18

serve at the pleasure of the governor. Three (3) members of the commission shall constitute a

12-19

quorum. The commission shall meet at least four (4) times in each year and shall hold special

12-20

meetings when called by the chairperson or, in his or her absence, by the vice-chairperson.

12-21

     42-28.2.1-11. Compensation and expenses of members. -- Members of the commission

12-22

on law enforcement standards and training shall receive no compensation, but shall be reimbursed

12-23

for their actual and necessary expenses incurred in the performance of their duties. No member of

12-24

the commission shall lose any pay or other benefits by reason of attendance at meetings of the

12-25

commission.

12-26

     42-28.2.1-12. State and municipal law enforcement training center established. --

12-27

There is hereby created and established a state and municipal law enforcement training center

12-28

which shall be for the use of the state police, all municipal police (including the city of

12-29

Providence), and for all other law enforcement officers authorized to bear arms and/or to make

12-30

arrests; or, who are primarily responsible for prevention or detection of crime and the

12-31

enforcement of the criminal code, ordinances, traffic, or highway laws of this state or any

12-32

political subdivision of this state. The law enforcement training center created by this act shall

12-33

serve as the central and exclusive recruit training facility for all law enforcement officers in this

12-34

state.

13-1

     42-28.2.1-13. Supervision and organization of law enforcement training center. --

13-2

The commission on law enforcement standards and training, through its executive director, shall

13-3

have supervision of the law enforcement training center and shall establish, administer and

13-4

enforce standards for admission and approve courses for recruit and in-service training. The

13-5

commission shall establish such recruit and in-service training divisions as it deems necessary to

13-6

accommodate the diverse needs and interests in training of the state police, the Providence police,

13-7

other state and municipal law enforcement agencies, or for federally funded programs for the

13-8

training of law enforcement officers.

13-9

     42-28.2.1-14. Location of law enforcement training center. -- The law enforcement

13-10

training center shall be maintained by the state and located on such state-owned or acquired

13-11

property as the commission on law enforcement standards and training, with the consent of the

13-12

governor, may from time to time determine. The commission is hereby authorized and

13-13

empowered to erect suitable buildings and facilities thereon for use as the law enforcement

13-14

training center whenever an appropriation shall become available for expenditure thereon.

13-15

     42-28.2.1-15. Facilities of law enforcement training center. -- The facilities of the law

13-16

enforcement training center shall be sufficient to accommodate the diverse needs and interests of

13-17

the state police, Providence police, municipal police, and such other recruit and in-service

13-18

training divisions as the commission may establish. Facilities shall include, but not be limited to:

13-19

dormitories, classrooms, cafeterias, libraries, offices, auditoriums or assembly halls, gymnasiums,

13-20

firearms training ranges, computer and forensic laboratories, video and teleconferencing

13-21

capabilities, tactical and simulation facilities, swimming pools, and emergency vehicle operator

13-22

certification courses.

13-23

     42-28.2.1-16. Persons admissible for recruit training at law enforcement training

13-24

center. -- No person shall be admitted as a candidate for recruit training at the law enforcement

13-25

training center unless he or she is:

13-26

     (1) a citizen of the United States who has reached the age of twenty-one (21) years; and

13-27

     (2) has first been certified by a licensed physician as being physically sound on a recent

13-28

examination made according to commission standards prior to the acceptance of his or her

13-29

candidacy; and

13-30

     (3) has passed the aptitude and psychological tests required of law enforcement officers

13-31

by chapter 42-28.3; and

13-32

     (4) has met or exceeded the minimum job-related physical and mental standards for the

13-33

training division to which he or she seeks admission as determined by the assessment division of

13-34

the law enforcement training center; and

14-1

     (5) has provided satisfactory documentary evidence that he or she has completed high

14-2

school and received a high school diploma, or has earned the general education development or

14-3

high school equivalency diploma (military or other) recognized and accepted by the board of

14-4

regents for elementary and secondary education; and

14-5

     (6) has provided satisfactory evidence to the commission that he or she has not been

14-6

convicted of any criminal offense that carries a sentence of one (1) year or more or of any

14-7

criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo

14-8

contendere is considered the equivalent of a conviction; and

14-9

     (7) has provided satisfactory evidence to the commission that the candidate is a person of

14-10

good character. This evidence must include, but is not limited to: (i) certification by the

14-11

candidate's sponsor, employer or employing agency that a background investigation has been

14-12

conducted, completed and forwarded to the commission and that the employer or sponsor is of the

14-13

opinion that the candidate is of good character; (ii) evidence satisfactory to the commission that

14-14

the candidate holds a valid current Rhode Island driver's license with no record during the

14-15

previous five (5) years for suspension of driver's license as a result of driving under the influence

14-16

of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless

14-17

homicide, involuntary manslaughter, or leaving the scene of an accident; (iii) evidence

14-18

satisfactory to the commission that a local credit check has been made with favorable results; (iv)

14-19

evidence satisfactory to the commission that the candidate's fingerprint record as received from

14-20

the Federal Bureau of Investigation and Rhode Island state police indicates no record of felony

14-21

convictions. In the commission's determination of good character, the commission shall give

14-22

consideration to all law violations, including traffic and conservation law convictions, as

14-23

indicating a lack of good character. The commission shall also give consideration to the

14-24

candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good

14-25

character; and

14-26

     (8) has provided the commission with a recent photograph of the candidate; and

14-27

     (9) has provided the commission with a copy of his or her fingerprints; and,

14-28

     (10) has provided the commission with satisfactory evidence (a birth certificate or other

14-29

legally acceptable document) that the candidate's age is not less than twenty-one (21) years; and

14-30

     (11) has provided the commission with satisfactory documentary evidence of successful

14-31

completion of a course of law enforcement training as established and approved by the

14-32

commission, and conducted at an academy or institution approved by the commission, this

14-33

evidence to consist of a certificate granted by the approved institution.

14-34

     42-28.2.1-17. Certificate of completion of recruit training courses -- Certificates for

15-1

probationary and permanent officer status. -- (a) Upon the satisfactory completion of the

15-2

prescribed course of recruit training, the commission shall issue to each candidate a certificate of

15-3

qualification for appointment to probationary officer status. The commission shall forward a copy

15-4

of the certificate of qualification to the candidate's employing agency or appointing authority.

15-5

     (b) Upon the satisfactory completion of the prescribed commission approved field

15-6

training program, the commission shall issue to each probationary officer a certificate of

15-7

qualification for appointment to permanent officer status. The commission shall forward a copy

15-8

of the certificate of qualification to the officer's employing agency or appointing authority.

15-9

     (c) A certificate of qualification for appointment to permanent law enforcement officer

15-10

status issued by the commission will expire three (3) years from the date of issuance or upon

15-11

discontinuance of employment by the officer with the employing agency. The certificate of

15-12

qualification for appointment to permanent law enforcement officer status issued by the

15-13

commission that is current on July 1, 2003, will expire in the year 2006 on the last day of the

15-14

month during which it was issued, or upon discontinuance of employment with the employing

15-15

agency. Prior to the expiration of the certificate, the certificate may be renewed upon application

15-16

on a form prescribed by the commission presented to the executive director and associate director

15-17

for assessment and certification. The executive director and associate director must receive the

15-18

application for renewal at least forty-five (45) days prior to the expiration of the certificate. If the

15-19

officer's certificate has lapsed, the commission may reissue the certificate after receipt of an

15-20

application and if the executive and associate director are satisfied that the officer continues to

15-21

meet all of the standards of qualification for appointment as a law enforcement officer.

15-22

     42-28.2.1-18. Expenses of training -- Compensation of candidates. -- No tuition fee or

15-23

any other charge shall be assessed against any city or town for the recruit training of any

15-24

candidate and the expense of that training shall be borne by the state of Rhode Island. The general

15-25

assembly shall annually appropriate such sum or sums as may be necessary for the proper

15-26

maintenance of the law enforcement training center; provided, however, that any compensation to

15-27

any recruit candidate during the period of his or her training shall be fixed and determined by the

15-28

proper authority within the city or town sponsoring the candidate and such compensation, if any,

15-29

shall be paid directly to the candidate by his or her employing agency.

15-30

     42-28.2.1-19. Committees and bylaws. -- (a) The commission may establish and the

15-31

chairperson may appoint such subcommittees, task forces, or advisory committees it deems

15-32

necessary to carry out the provisions of this chapter. Appointments to such subcommittees, task

15-33

forces and advisory committees are not restricted to the membership of the commission.

15-34

     (b) The commission may delegate responsibilities and functions to subcommittees, task

16-1

forces, and advisory committees, as it deems appropriate.

16-2

     (c) The commission shall promulgate and publish rules of procedure governing its

16-3

operations, provided they are in accordance with the provisions of the administrative procedures

16-4

act, chapter 35 of this title.

16-5

     42-28.2.1-20. Certification a prerequisite for law enforcement officers -- Exceptions -

16-6

- Qualification under equivalent programs in other states. -- (a) No law enforcement officer

16-7

employed or appointed on or after January 1, 2003, is authorized to enforce the laws or

16-8

ordinances of this state or any political subdivision thereof unless he or she has been certified as

16-9

qualified by the commission on law enforcement standards and training. The commission shall

16-10

presume, in the absence of any evidence to the contrary, that all law enforcement officers

16-11

employed or appointed prior to January 1, 2003, who have achieved permanent officer status, are

16-12

qualified. On or before January 1, 2003, the commission shall issue to all law enforcement

16-13

officers who have achieved permanent law enforcement status prior to January 1, 2003, a

16-14

certificate of qualification that shall expire on January 1, 2006. On or before January 1, 2003, the

16-15

commission shall issue to all law enforcement officers employed or appointed prior to January 1,

16-16

2003, who have achieved probationary officer status by that date a certificate of probationary

16-17

qualification that shall expire one (1) year from the date of said officer's appointment and/or

16-18

employment. After January 1, 2003, no law enforcement officer is authorized to enforce the laws

16-19

or ordinances of this state or any political subdivision thereof unless he or she has been certified

16-20

as qualified as either a probationary or permanent law enforcement officer by the commission.

16-21

     (b) A law enforcement agency in this state may appoint or employ as a law enforcement

16-22

officer a person who is not certified if, within one (1) year after the date of employment or

16-23

appointment, the person secures certification from the commission. A person not certified who is

16-24

nonetheless employed or appointed as a law enforcement officer shall not perform any of the

16-25

duties of a law enforcement officer involving the control or direction of members of the public, or

16-26

exercising the power of arrest until he or she is certified. Should any such person fail to secure

16-27

certification within one (1) year from the date of his or her employment, he or she may not

16-28

perform any of the duties of a law enforcement officer until certified. Persons who fail to secure

16-29

certification within one (1) year from the date of employment are not eligible for employment or

16-30

appointment by any other agency in Rhode Island as a law enforcement officer, nor are they

16-31

eligible for any compensation for services performed as an officer. The commission under the

16-32

following circumstances may grant exceptions to the one (1) year rule:

16-33

     (1) Military leave or injury occurring during that first year that would preclude the

16-34

receiving of training within the usual period of time; or

17-1

     (2) In the event of the timely filing of an application for training, which application,

17-2

under circumstances of time and physical limitations, cannot be honored by the law enforcement

17-3

training center or other facilities approved by the commission; or

17-4

     (3) Upon presentation of satisfactory documentary evidence that the officer-candidate has

17-5

successfully completed equivalent training in one (1) of the others states which by law regulate

17-6

and supervise the quality of law enforcement training and which require a minimum basic or

17-7

recruit course of duration and content substantially equivalent to that required by this chapter or

17-8

by standards established, administered and enforced by the commission; or

17-9

     (4) If it is determined by satisfactory documentary evidence that the training will result in

17-10

undue hardship to the requesting agency, the requesting agency must propose an alternate training

17-11

schedule for commission approval.

17-12

     42-28.2.1-21. Requirements for qualification for continued employment. -- (a) The

17-13

commission shall, by rule, establish a program that requires all law enforcement officers, as a

17-14

condition of qualification for continued employment or appointment as an officer, to receive

17-15

periodic commission-approved continuing training or education. Such continuing training or

17-16

education shall be required at the rate of not less than forty (40) hours per year and one hundred

17-17

twenty (120) hours over three (3) years.

17-18

     (b) No officer shall be denied a reasonable opportunity by his or her employing agency to

17-19

comply with this section. The employing agency must document that the continuing training or

17-20

education is job-related and consistent with the needs of the employing agency. The employing

17-21

agency must maintain and submit, or electronically transmit, the documentation to the

17-22

commission, in a format approved by the commission. The commission under the following

17-23

circumstances may grant exceptions to the forty (40) hours per year rule:

17-24

     (1) Military leave or injury occurring during the year that would preclude the receiving of

17-25

continuing training or education within the required period of time; or

17-26

     (2) In the event of the timely filing of an application for continuing training or education,

17-27

which application, under the circumstances of time and physical applications, cannot be honored

17-28

by the law enforcement training center or at other facilities approved by the commission; or

17-29

     (3) It is determined by satisfactory documentary evidence that the training will result in

17-30

undue hardship to the law enforcement officer or to the requesting agency, the requesting agency

17-31

must propose an alternate training schedule for commission approval.

17-32

     42-28.2.1-22. Committees and bylaws. -- (a) The commission may establish and the

17-33

chairperson may appoint such subcommittees, task forces, or advisory committees it deems

17-34

necessary to carry out the provisions of this chapter. Appointments to subcommittees, task

18-1

forces, and advisory committees are not restricted to the membership of the commission.

18-2

     (b) The commission may delegate responsibilities and functions to subcommittees, task

18-3

forces, and advisory committees, as it deems appropriate.

18-4

     The commission shall promulgate rules of procedure governing its operations, provided

18-5

they are in accordance with the provisions of the administrative procedures act, chapter 35 of this

18-6

title.

18-7

     42-28.2.1-23. Certain reports made pursuant to this chapter or regulations

18-8

promulgated under this chapter not actionable for slander or libel. -- An oral or written

18-9

report, document, statement, or other communication that is written, made, or delivered

18-10

concerning the requirements or administration of this chapter or regulations promulgated under

18-11

this chapter shall not be the subject of or basis for an action at law or in equity for slander or libel

18-12

in any court of this state if the communication is between:

18-13

     (1) a law enforcement agency, its agents, employees, or representatives; and

18-14

     (2) the commission, its agents, employees, or representatives.

18-15

     42-28.2.1-24. Violation by public law enforcement agency -- Compliance orders --

18-16

Injunctions -- Administrative and civil penalties -- Appeals. -- (a) Whenever the commission

18-17

finds that any public law enforcement agency is in violation of any provisions established

18-18

pursuant to this chapter, the commission may issue an order requiring the public law enforcement

18-19

agency to comply with the provision. The commission may issue an administrative finding of

18-20

noncompliance which shall render the public law enforcement agency ineligible to receive any

18-21

discretionary funds awarded by the Rhode Island justice commission until such time as it is

18-22

determined that the public law enforcement agency has achieved compliance. The commission

18-23

may also bring a civil action for injunctive relief or civil enforcement action in the appropriate

18-24

court. Violation of any court order issued pursuant to this section must be considered contempt of

18-25

the issuing court and punishable as provided by law. The commission may also invoke the civil

18-26

penalties as provided in subsection (b) for violation of the provisions of this chapter, including

18-27

any order or regulation hereunder. Any public law enforcement agency against which a civil

18-28

penalty is invoked by the commission may appeal to the superior court of the county where the

18-29

public law enforcement agency is located. Where original jurisdiction lies in the superior court,

18-30

an appeal may be taken as otherwise provided by law.

18-31

     (b) Any public law enforcement agency that fails to comply with this chapter and

18-32

regulations promulgated pursuant to this chapter, or fails to comply with any order issued by the

18-33

commission is liable for a civil penalty not to exceed three thousand dollars ($3,000) per

18-34

violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the

19-1

sheriff is responsible for payment of this civil penalty.

19-2

     42-28.2.1-25. Cooperation of departments. -- All other commissions, departments, and

19-3

agencies of the state government are hereby authorized and directed to cooperate with the

19-4

commission and to furnish such information and assistance as the commission shall require.

19-5

     SECTION 4. This act shall take effect upon passage.

=======

LC01691

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

STANDARDS AND TRAINING

***

20-1

     This act would enact a comprehensive revision of law enforcement standards and training

20-2

to promote and foster professionalism.

20-3

     This act would take effect upon passage.

=======

LC01691

=======