Conn. Gen. Stat. § 7-294d

Current with legislation from the 2024 Regular and Special Sessions.

Section 7-294d - Powers of council. Certification of police officers, police training schools and law enforcement instructors. Refusal to renew, cancellation or revocation of certification. Automatic certification. Exemptions

(a) The Police Officer Standards and Training Council shall have the following powers:

(1) To develop and periodically update and revise comprehensive state and municipal police training plans;

(2) To approve, or revoke the approval of, any state or municipal police training school and to issue certification to such schools and to revoke such certification;

(3) To set the minimum courses of study and attendance required and the equipment and facilities to be required of approved state and municipal police training schools;

(4) To set the minimum qualifications for law enforcement instructors and to issue appropriate certification to such instructors in the field of expertise that such instructors will be teaching;

(5) To require that all probationary candidates receive the hours of basic training deemed necessary before being eligible for certification, such basic training to be completed within one year following the appointment as a probationary candidate, unless the candidate is granted additional time to complete such basic training by the council;

(6) To require the registration of probationary candidates with the academy within ten days of hiring for the purpose of scheduling training;

(7) To issue appropriate certification to police officers who have satisfactorily completed minimum basic training programs;

(8) To require that each police officer satisfactorily complete at least forty hours of certified review training every three years in order to maintain certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;

(9) To develop an interactive electronic computer platform capable of administering training courses and to authorize police officers to complete certified review training at a local police department facility by means of such platform;

(10) To renew the certification of those police officers who have satisfactorily completed review training programs and submitted to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, the result of which indicated no presence of any controlled substance not prescribed for the officer;

(11) To establish, in consultation with the Commissioner of Emergency Services and Public Protection, uniform minimum educational and training standards for employment as a police officer in full-time positions, temporary or probationary positions and part-time or voluntary positions;

(12) To develop, in consultation with the Commissioner of Emergency Services and Public Protection, a schedule to visit and inspect police basic training schools and to inspect each school at least once each year;

(13) To consult with and cooperate with universities, colleges and institutes for the development of specialized courses of study for police officers in police science and police administration;

(14) To work with the Commissioner of Emergency Services and Public Protection and with departments and agencies of this state and other states and the federal government concerned with police training;

(15) To make recommendations to the Commissioner of Emergency Services and Public Protection concerning a training academy administrator, who shall be appointed by the commissioner, and concerning the hiring of staff, within available appropriations, that may be necessary in the performance of its functions;

(16) To perform any other acts that may be necessary and appropriate to carry out the functions of the council as set forth in sections 7-294a to 7-294e, inclusive;

(17) To accept, with the approval of the Commissioner of Emergency Services and Public Protection, contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;

(18) To conduct any inspection and evaluation that may be necessary to determine if a law enforcement unit is complying with the provisions of this section;

(19) At the request and expense of any law enforcement unit, to conduct general or specific management surveys;

(20) To develop objective and uniform criteria for recommending any waiver of regulations or granting a waiver of procedures established by the council;

(21) To recruit, select and appoint candidates to the position of municipal probationary candidate and provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq., as amended from time to time;

(22)

(A) To develop, adopt and revise, as necessary, comprehensive accreditation standards, and designation of such standards as state-accreditation tiers one, two and three, for the administration and management of law enforcement units, to grant accreditation to those law enforcement units that demonstrate their compliance with such standards and, at the request and expense of any law enforcement unit, to conduct such surveys as may be necessary to determine such unit's compliance with such standards; and

(B) on and after January 1, 2023, to work with any law enforcement unit that has failed to obtain or maintain its certification of compliance with the appropriate tier or tiers or a higher level of accreditation standards developed by the council or the Commission on Accreditation for Law Enforcement Agencies, Inc., pursuant to section 7-294ee , as amended by this act ;

(23) To recommend to the commissioner the appointment of any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer. Each such special police officer shall be sworn and may arrest and present before a competent authority any person for any offense committed within the officer's precinct; and

(24) To develop and implement written policies, on or before January 1, 2021, in consultation with the Commissioner of Emergency Services and Public Protection concerning the requirements that all police officers undergo periodic behavioral health assessments as set forth in section 16 of this act. Such written policies shall, at a minimum, address (A) the confidentiality of such assessments, including, but not limited to, compliance with all provisions of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, (B) the good faith reasons that the administrative head of a law enforcement unit, as defined in section 16 of this act, may rely upon when requesting that a police officer undergo an additional assessment, (C) the availability of behavioral health treatment services that will be afforded to any police officer required to undergo a behavioral health assessment pursuant to section 16 of this act, (D) the ability of a police officer to review and contest the results of any such assessment, (E) permissible personnel actions, if any, that may be taken by a law enforcement unit based on the results of such assessments while taking into consideration the due process rights of a police officer, (F) the process for selecting psychiatrists and psychologists to conduct such assessments, and (G) financial considerations that may be incurred by law enforcement units or police officers that are attributable to conducting such assessments.

(b) No person may be employed as a police officer by any law enforcement unit for a period exceeding one year unless such person has been certified under the provisions of subsection (a) of this section or has been granted an extension by the council. No person may serve as a police officer during any period when such person's certification has been cancelled or revoked pursuant to the provisions of subsection (c) of this section. In addition to the requirements of this subsection, the council may establish other qualifications for the employment of police officers and require evidence of fulfillment of these qualifications. The certification of any police officer who is not employed by a law enforcement unit for a period of time in excess of two years, unless such officer is on leave of absence, shall be considered lapsed. Upon reemployment as a police officer, such officer shall apply for recertification in a manner provided by the council, provided such recertification process requires the police officer to submit to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, and receive a result indicating no presence of any controlled substance not prescribed for the officer. The council shall certify any applicant who presents evidence of satisfactory completion of a program or course of instruction in another state or, if the applicant is a veteran or a member of the armed forces or the National Guard, as part of training during service in the armed forces, that is equivalent in content and quality to that required in this state, provided such applicant passes an examination or evaluation as required by the council. For the purposes of this section, "veteran" and "armed forces" have the same meanings as provided in section 27-103.

(c)

(1) The council may refuse to renew any certificate if the holder fails to meet the requirements for renewal of his or her certification.

(2) The council may cancel or revoke any certificate if:

(A) The certificate was issued by administrative error,

(B) the certificate was obtained through misrepresentation or fraud,

(C) the holder falsified any document in order to obtain or renew any certificate,

(D) the holder has been convicted of a felony,

(E) the holder has been found not guilty of a felony by reason of mental disease or defect pursuant to section 53a-13,

(F) the holder has been convicted of a violation of section 21a-279,

(G) the holder has been refused issuance of a certificate or similar authorization or has had his or her certificate or other authorization cancelled or revoked by another jurisdiction on grounds which would authorize cancellation or revocation under the provisions of this subdivision,

(H) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used a firearm in an improper manner which resulted in the death or serious physical injury of another person,

(I) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit and considering guidance developed under subsection (g) of this section, to have engaged in conduct that undermines public confidence in law enforcement, including, but not limited to, discriminatory conduct, falsification of reports, issuances of orders that are not lawful orders, failure to report or timely report a death in violation of section 1 of this act or a violation of the Alvin W. Penn Racial Profiling Prohibition Act pursuant to sections 54-1l and 54-1m, provided, when evaluating any such conduct, the council considers such conduct engaged in while the holder is acting in such holder's law enforcement capacity or representing himself or herself to be a police officer to be more serious than such conduct engaged in by a holder not acting in such holder's law enforcement capacity or representing himself or herself to be a police officer,

(J) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used physical force on another person in a manner that is excessive or used physical force in a manner found to not be justifiable after an investigation conducted pursuant to section 51-277a, or

(K) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have committed any act that would constitute tampering with or fabricating physical evidence in violation of section 53a-155, perjury in violation of section 53a-156 or false statement in violation of section 53a-157b. Whenever the council believes there is a reasonable basis for suspension, cancellation or revocation of the certification of a police officer, police training school or law enforcement instructor, it shall give notice and an adequate opportunity for a hearing prior to such suspension, cancellation or revocation. Such hearing shall be conducted in accordance with the provisions of chapter 54. Any holder aggrieved by the decision of the council may appeal from such decision in accordance with the provisions of section 4-183. The council may cancel or revoke any certificate if, after a de novo review, it finds by clear and convincing evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of this subdivision, or (ii) that the holder of the certificate committed an act set forth in subparagraph (H), (I), (J) or (K) of this subdivision. In any such case where the council finds such evidence, but determines that the severity of an act committed by the holder of the certificate does not warrant cancellation or revocation of such holder's certificate, the council may suspend such holder's certification for a period of up to forty-five days and may censure such holder of the certificate. Any police officer or law enforcement instructor whose certification is cancelled or revoked pursuant to this section may reapply for certification no sooner than two years after the date on which the cancellation or revocation order becomes final. Any police training school whose certification is cancelled or revoked pursuant to this section may reapply for certification at any time after the date on which such order becomes final. For purposes of this subdivision, a lawful order is an order issued by a police officer who is in uniform or has identified himself or herself as a police officer to the person such order is issued to at the time such order is issued, and which order is reasonably related to the fulfillment of the duties of the police officer who is issuing such order, does not violate any provision of state or federal law and is only issued for the purposes of (I) preventing, detecting, investigating or stopping a crime, (II) protecting a person or property from harm, (III) apprehending a person suspected of a crime, (IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency relief, including the administration of first aid.

(d) Notwithstanding the provisions of subsection (b) of this section, (1) any police officer, except a probationary candidate, who is serving under full-time appointment on July 1, 1982, and (2) any sworn member of the Division of State Police within the Department of Emergency Services and Public Protection, except a probationary candidate, who is serving under full-time appointment on the effective date of this section, shall be deemed to have met all certification requirements and shall be automatically certified by the council in accordance with the provisions of subsection (a) of section 7-294e.

(e) The provisions of this section shall apply to any person who performs police functions. As used in this subsection, "performs police functions" for a person who is not a police officer, as defined in section 7-294a, means that in the course of such person's official duties, such person carries a firearm and exercises arrest powers pursuant to section 54-1f or engages in the prevention, detection or investigation of crime, as defined in section 53a-24. The council shall establish criteria by which the certification process required by this section shall apply to police officers.

(f) The provisions of this section shall not apply to (1) Connecticut National Guard security personnel, when acting within the scope of their National Guard duties, who have satisfactorily completed a program of police training conducted by the United States Army or Air Force, (2) employees of the Judicial Department, (3) municipal animal control officers appointed pursuant to section 22-331, or (4) fire police appointed pursuant to section 7-313a. The provisions of this section with respect to renewal of certification upon satisfactory completion of review training programs shall not apply to any chief inspector or inspector in the Division of Criminal Justice who has satisfactorily completed a program of police training conducted by the division. Notwithstanding the provisions of subsection (b) of this section, any police officer certified in accordance with subsection (a) of this section may accept employment with another police department within this state without repeating minimum basic training.

(g) The council may develop and issue written guidance to law enforcement units concerning grounds for suspension, cancellation or revocation of certification. Such written guidance may include, but not be limited to, (1) reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation, (2) examples of conduct that undermines public confidence in law enforcement, (3) examples of discriminatory conduct, and (4) examples of misconduct while the certificate holder may not be acting in such holder's law enforcement capacity or representing himself or herself to be a police officer, but may be serious enough for suspension, cancellation or revocation of the holder's certificate. Such written guidance shall be available on the council's Internet web site.

(h)

(1) The chief law enforcement officer of each law enforcement unit shall report to the council any violation where a certificate holder has been found by the law enforcement unit, pursuant to procedures established by such unit, to have:

(A) Used unreasonable, excessive or illegal force that causes serious physical injury to or the death of another person, or used unreasonable, excessive or illegal force that was likely to cause serious physical injury or death to another person;

(B) while acting in a law enforcement capacity, failed to intervene or stop the use of unreasonable, excessive or illegal force by another police officer that caused serious physical injury or death to another person, or unreasonable, excessive or illegal force that was likely to cause serious physical injury or death to another person, or to notify a supervisor and submit a written report of such acts where the holder has personal knowledge of such acts and had the ability to prevent such acts;

(C) intentionally intimidated or harassed another person based upon actual or perceived protected class membership, identity or expression and in doing so threatened to commit or caused physical injury to another person; and

(D) been terminated, dismissed, resigned or retired under circumstances described in section 7-291c.

(2) If the chief law enforcement officer of any municipal police department or the Department of Emergency Services and Public Protection fails to report to the council as required in subdivision (1) of this subsection, the council shall notify the Inspector General who shall investigate such failure to report. The Inspector General shall report the findings of the investigation to the Governor and joint standing committee of the General Assembly having cognizance of matters relating to the judiciary in accordance with the provisions of section 11-4a.

Conn. Gen. Stat. § 7-294d

(February, 1965, P.A. 575, S. 5; 1967, P.A. 669; P.A. 77-289; P.A. 81-426, S. 3; P.A. 82-357, S. 3, 8; P.A. 87-99; 87-560, S. 2; P.A. 91-186 ; P.A. 92-128 , S. 1 , 2 ; P.A. 93-271 , S. 1 , 3 ; 93-435 , S. 1 , 95 ; P.A. 94-44 , S. 1 , 2 ; May Sp. Sess. P.A. 94-6 , S. 10 , 28 ; P.A. 95-108 , S. 4 ; P.A. 00-51 , S. 1 , 2 ; P.A. 01-195 , S. 13 , 181 ; June 30 Sp. Sess. P.A. 03-6, S. 169; P.A. 05-200 , S. 1 ; P.A. 07-151 , S. 2 ; 07-217 , S. 22 ; Sept. Sp. Sess. P.A. 09-7, S. 32; P.A. 11-51 , S. 147 ; 11-61 , S. 154 ; 11-233 , S. 2 ; 11-251 , S. 1 ; P.A. 12-80 , S. 189 ; P.A. 13-144 , S. 3 ; 13-190 , S. 1 ; P.A. 14-131 , S. 1 ; June Sp. Sess. P.A. 15-2 , S. 2 .)

Amended by P.A. 22-0119, S. 2 of the Connecticut Acts of the 2022 Regular Session, eff. 5/27/2022.

Amended by P.A. 22-0114, S. 4 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 22-0061, S. 4 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 21-0079, S. 5 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

Amended by P.A. 21-0033, S. 11 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

Amended by P.A. 20-0001, S. 3 of the 2020 July Special Session, eff. 7/31/2020.

Amended by P.A. 15-0002, S. 2 of the Connecticut Acts of the 2015 Special Session, eff. 10/1/2015.

Amended by P.A. 14-0131, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Cited. 13 Conn.App. 1 24. Subsec. (a): Former Subdiv. (10) does not establish explicit, well-established and dominant public policy that, irrespective of or in limitation of collective bargaining agreement, a town has control over termination for fitness for duty of a police officer. 255 Conn. 800 .