2024 -- S 2215

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LC004132

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

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

COMMISSION ON STANDARDS AND TRAINING

     Introduced By: Senators Acosta, Mack, Quezada, Kallman, Euer, Britto, Cano, Murray,
and Bell

     Date Introduced: January 24, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-28.2-6 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:

     42-28.2-6. Meetings — Powers of commission.

     (a) The commission on standards and training shall meet at least four (4) times in each year

and shall hold special meetings when called by the chairperson or, in his or her absence, by the

vice-chairperson. The commission shall have the control and supervision of the Rhode Island state

police academy in Foster, Rhode Island, to the extent necessary to effectuate the purpose of this

chapter; provided that control shall not interfere with the use of the academy to the state police.

The commission may certify the training school of any municipality as it determines that the school

has facilities and a program of training substantially comparable to those of the municipal police

training school established by § 42-28.2-2. The chairperson, with the approval of a majority of the

members of the commission, shall appoint such permanent and temporary staff as are necessary to

carry out the purpose of this chapter.

     (b) The commission has the authority and the power to:

     (1) Certify qualified applicants to serve as law enforcement officers, and conduct

investigations of all applicants for certification;

     (2) Deny an application or limit, condition, or restrict a certification for reasons the

commission deems reasonable;

     (3) Decertify a law enforcement officer pursuant to § 42-28.6-13(j); and

     (4) Adopt and promulgate rules and regulations necessary to effectuate the purpose of this

chapter.

     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.

     (b) 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.

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

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

for police training schools.

     SECTION 2. Chapter 42-28.2 of the General Laws entitled "Police Officers —

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

section:

     42-28.2-7.1. Database -- Certified and decertified police officers.

     The commission on standards and training shall:

     (1) Create and maintain a database containing records for each certified and decertified law

enforcement officer;

     (2) Publish on the commission website or publish an annual report reflecting the status of

all pending and adjudicated commission disciplinary proceedings; and

     (3) Report all certification, revocations and suspensions to the national decertification

index maintained by the International Association of Directors of Law Enforcement Standards and

Training and the National Decertification Index (NDI).

     SECTION 3. Section 42-28.6-13 of the General Laws in Chapter 42-28.6 entitled "Law

Enforcement Officers’ Bill of Rights" is hereby amended to read as follows:

     42-28.6-13. Suspensions Suspensions and decertification.

     (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or

the highest ranking officer of the law enforcement agency.

     (b) Summary punishment of two (2) days’ suspension without pay may be imposed for

minor violations of departmental rules and regulations. Appeals of suspension under this subsection

shall be subject to the grievance provisions of any applicable collective bargaining agreement.

     (c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law

enforcement agency when the law enforcement officer is under investigation for a criminal felony

matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he

or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not

suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days.

     (d) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the law enforcement officer in under investigation for a misdemeanor

criminal matter. Any such suspension shall consist of the law enforcement officer being relieved

of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or

she were not suspended. Suspension under this subsection shall not exceed thirty (30) days;

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provided, however, that if an officer is charged with a misdemeanor offense the chief or highest

ranking sworn officer of the law enforcement agency may continue said suspension with pay up to

a total of one hundred and eighty (180) days. If the disposition of the criminal matter does not take

place within one hundred eighty (180) days of the commencement of such suspension, the law

enforcement officer may be suspended without pay and benefits; provided, however, that the

officer’s entitlement to such medical insurance, dental insurance, disability insurance and life

insurance as is available to all other officers within the agency shall not be suspended. The law

enforcement officer may petition the presiding justice of the superior court for a stay of the

suspension without pay, and such stay shall be granted upon a showing that said delay in the

criminal disposition was outside the law enforcement officer’s control. In the event the law

enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith

reinstated and reimbursed all salary and benefits that have not been paid during the suspension

period.

     (e) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the law enforcement officer is under investigation for a noncriminal

matter. Any such suspension shall consist of the law enforcement officer being relieved of duty,

and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were

not suspended. Suspension under this subsection shall not exceed fifteen (15) days or any other

time frame established under the provisions of any applicable collective bargaining agreement.

     (f) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b)

of this chapter in which termination or demotion is the recommended punishment. Any such

suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall

receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended.

     (g) Any law enforcement officer who is charged, indicted or informed against for a felony

or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and

benefits at the discretion of the agency or chief or highest ranking sworn officers; provided,

however, that the officer’s entitlement to medical insurance, dental insurance, disability insurance

and life insurance as is available to all other officers within the agency shall not be suspended. In

the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall

be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the

suspension period.

     (h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution

of an appeal, be suspended without pay and benefits; provided, however, that the officer’s

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entitlement to such medical insurance, dental insurance, disability insurance and life insurance as

is available to all other officers within the agency shall not be suspended. Whenever, upon appeal,

such conviction is reversed, the suspension under this subsection shall terminate and the law

enforcement officer shall forthwith be paid the salary and benefits that would have been paid to

him or her during that period of suspension.

     (i) Any law enforcement officer who pleads guilty or no contest to a felony charge or whose

conviction of a felony has, after or in the absence of a timely appeal, become final may be dismissed

by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter

shall not apply.

     (j) Decertification of law enforcement officers by the commission on police officer

standards and training. Any law enforcement officer who:

     (1) Pleads guilty to, no contest to, or is convicted of, a felony charge; or

     (2) Who is convicted of a crime under 18 U.S.C. §§ 241, 242, 245 and 249, or 42 U.S.C.

§§ 3631 and 14141, shall have their certification revoked by the commission on police officer

standards and training pursuant to § 42-28.2-6(b)(3).

     SECTION 4. 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 expand the authority of the police officers commission on standards and

training to certify and decertify law enforcement officers. It would also make it applicable to the

city of Providence and create and maintain a database containing records for each certified and

decertified law enforcement officer.

     This act would take effect upon passage.

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LC004132

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